Criminal Law of the People's Republic of China

Transcription

1 Main page News Foreign Ministry Spokesperson's Remark Address & Document Main page > Operation > Drugs Control > Domestic Regulations Criminal Law of the People's Republic of China Adopted by the Second Session of the Fifth National People's Congress on July 1, 1979 and amended by the Fifth Session of the Eighth National People's Congress on March 14, 1997 Part I General Provisions Chapter I Tasks, Basic Principles, and Scope of Application of the Criminal Law Article 1. This law is formulated in accordance with the Constitution and in light of the concrete experience of China launching a struggle against crime and the realities in the country, with a view to punishing crime and protecting the people. Article 2. The tasks of the PRC Criminal Law are to use punishment struggle against all criminal acts to defend national security, the political power of the people's democratic dictatorship, and the socialist system; to protect state owned property and property collectively owned by the laboring masses; to protect citizens' privately owned property; to protect citizens' right of the person, democratic rights, and other rights; to maintain social and economic order; and to safeguard the smooth progress of the cause of socialist construction. Article 3. Any act deemed by explicit stipulations of law as a crime is to be convicted and given punishment by law and any act that no explicit stipulations of law deems a crime is not to be convicted or given punishment. Article 4. Every one is equal before the law in committing crime. No one is permitted to have privileges to transgress the law. Article 5. The severity of punishments must be commensurate with the crime committed by an offender and the criminal responsibility he bears. Article 6. This law is applicable to all who commit crimes within the territory of the PRC except as specially stipulated by law. This law is also applicable to all who commit crimes aboard a ship or aircraft of the PRC. When either the act or consequence of a crime takes place within PRC territory, a crime is deemed to have been committed within PRC territory. Article 7. This law is applicable to PRC citizens who commit the crimes specified in this law outside the territory of the PRC; but those who commit the crimes, provided that this law stipulates a minimum sentence of less than a three year fixed term imprisonment for such crimes, may not be dealt with. This law is applicable to PRC state personnel and military personnel who commit the crimes specified in this law outside PRC territory. Article 8. This law may be applicable to foreigners, who outside PRC territory, commit crimes against the PRC state or against its citizens, provided that this law stipulates a minimum sentence of not less than a three year fixed term of imprisonment for such crimes; but an exception is to be made if a crime is not punishable according the law of the place where it was committed. Article 9. This law is applicable to the crimes specified in international treaties to which the PRC is a signatory state or with which it is a member and the PRC exercises criminal jurisdiction over such crimes within its treaty obligations. Article 10. Any person who commits a crime outside PRC territory and according to this law bear criminal responsibility may still be dealt with according to this law even if he has been tried in a foreign country; however, a person who has already received criminal punishment in a foreign country may be exempted from punishment or given a mitigated punishment. 1/49

2 Article 11. The problem of criminal responsibility of foreigners who enjoy diplomatic privileges and immunity is to be resolved through diplomatic channels. Article 12. If an act committed after the founding of the PRC and before the implementation of this law was not deemed a crime under the laws at that time, the laws at that time are to be applicable. If the act was deemed a crime under the laws at that time, and if under the provisions of Chapter IV, Section 8 of the general provisions of this law it should be prosecuted, criminal responsibility is to be investigated according to the laws at that time. However, if this law does not deem it a crime or imposes a lesser punishment, this law is to be applicable. The effective judgments that were made according to the laws at that time before the implementation of this law will continue to be in force. Chapter II Crimes Section 1. Crimes and Criminal Responsibility Article 13. All acts that endanger the sovereignty, territorial integrity, and security of the state; split the state; subvert the political power of the people's democratic dictatorship and overthrow the socialist system; undermine social and economic order; violate property owned by the state or property collectively owned by the laboring masses; violate citizens' privately owned property; infringe upon citizens' rights of the person, democratic rights. and other rights; and other acts that endanger society, are crimes if according to law they should be criminally punished. However, if the circumstances are clearly minor and the harm is not great, they are not to be deemed crimes. Article 14. An intentional crime is a crime constituted as a result of clear knowledge that one's own act will cause socially dangerous consequences, and of hope for or indifference to the occurrence of those consequences. Criminal responsibility shall be borne for intentional crimes. Article 15. A negligent crime occurs when one should foresee that one's act may cause socially dangerous consequences but fails to do so because of carelessness or, having foreseen the consequences, readily assumes he can prevent them, with the result that these consequences occur. Criminal responsibility is to be borne for negligent crimes only when the law so stipulates. Article 16. Although an act objectively creates harmful consequences, if it does not result from intent or negligence but rather stems from irresistible or unforeseeable causes, it is not a crime. Article 17. A person who has reached the age of eighteen who commits a crime shall bear criminal responsibility. A person who has reached the age of fourteen but not the age of eighteen who commits the crimes of intentionally killing another or intentionally injuring another, even causing serious injury or death, and the crimes of rape, robbery, drug trafficking, arson, explosion, and poisoning shall bear criminal responsibility. A person who has reached the age of fourteen but not the age of eighteen who commits a crime shall be given a lesser punishment or a mitigated punishment. When a person is not criminally punished because he has not reached the age of eighteen, the head of his family or guardian is to be ordered to subject him to discipline. When necessary, he may also be given shelter and rehabilitation by the government. Article 18. A mentally ill person who causes dangerous consequences at a time when he is unable to recognize or unable to control his own conduct is not to bear criminal responsibility after being established through accreditation of legal procedures; but his family or guardian shall be ordered to subject him to strict surveillance and arrange for his medical treatment. When necessary, he will be given compulsory medical treatment by the government. A person whose mental illness is of an intermittent nature shall bear criminal responsibility if he commits a crime during a period of mental normality. A mentally ill person who commits a crime at a time when he has not yet completely lost his ability to recognize or control his own conduct shall bear criminal responsibility but he may be given a lesser or a mitigated punishment. An intoxicated person who commits a crime shall bear criminal responsibility. Article 19. A deaf mute or a blind person who commits a crime may be given a lesser punishment or a mitigated punishment or be exempted from punishment. Article 20. Criminal responsibility is not to be borne for an act of legitimate defense that is under taken to stop present unlawful infringement of the state's and public interest or the rights of the person, property or other rights of the actor or of other people and that causes harm to the unlawful infringer. Criminal responsibility shall be borne where legitimate defense noticeably exceeds the necessary limits and causes great harm. However, consideration shall be given to imposing a mitigated punishment or to granting exemption from punishment. Criminal responsibility is not to be borne for a defensive act undertaken against ongoing physical assault, murder, robbery, rape, kidnap, and other violent crimes that seriously endanger personal safety that causes injury or death to the unlawful infringer since such an act is not an excessive defense. 2/49

3 Article 21. Criminal responsibility is not to be borne for damage resulting from an act of urgent danger prevention that must be undertaken in order to avert the occurrence of present danger to the state or public interest or the rights of the person, property rights, or other rights of the actor or of other people. Criminal responsibility shall be borne where urgent danger prevention exceeds the necessary limits and causes undue harm. However, consideration shall be given according to the circumstances to imposing a mitigated punishment or to granting exemption from punishment. The provisions of the first paragraph with respect to preventing danger to oneself do not apply to a person who bears specific responsibility in his post or profession. Section 2. Preparation for a Crime, Criminal Attempt and Discontinuation of a Crime Article 22. Preparation for a crime is preparation of the instruments or creation of the conditions for the commission of a crime. One who prepares for a crime may, in comparison with one who consummates the crime, be given a lesser punishment or a mitigated punishment or be exempted from punishment. Article 23. Criminal attempt occurs when a crime has already begun to be carried out but is not consummated because of factors independent of the will of the criminal element. One who attempts to commit a crime may, in comparison with one who consummates the crime, be given a lesser punishment or a mitigated punishment. Article 24. Discontinuation of a crime occurs when, during the process of committing a crime, the actor voluntarily discontinues the crime or voluntarily and effectively prevents the consequences of the crime from occurring. One who discontinues a crime shall be exempted from punishment when there is no harm done or be given a mitigated punishment when there is harm done. Section 3. Joint Crimes Article 25. A joint crime is an intentional crime committed by two or more persons jointly. A negligent crime committed by two or more persons jointly is not to be punished as a joint crime; those who should bear criminal responsibility are to be punished separately according to the crimes they have committed. Article 26. A principal offender is one who organizes and leads a criminal group in conducting criminal activities or plays a principal role in a joint crime. A crime syndicate is a more or less permanent crime organization composed of three or more persons for the purpose of jointly committing crimes. The head who organizes or leads a crime syndicate shall bear criminal responsibility for all the crimes committed by the syndicate. A principal offender other that the one stipulated in the third paragraph shall bear criminal responsibility for all the crimes he participated in, organized, or directed. Article 27. An accomplice is one who plays a secondary or supplementary role in a joint crime. An accomplice shall, in comparison with a principal offender, be given a lesser punishment or a mitigated punishment or be exempted from punishment. Article 28. One who is coerced to participate in a crime shall, according to the circumstances of his crime, be given a mitigated punishment or be exempted from punishment. Article 29. One who instigates others to commit a crime shall be punished according to the role he plays in the joint crime. One who instigates a person under the age of eighteen to commit a crime shall be given a heavier punishment. If the instigated person does not commit the instigated crime, the instigator may be given a lesser punishment or a mitigated punishment. Section 4. Crimes Committed by a Unit Article 30. A company, enterprise, institution, organization, or group which commits an act endangering society that is considered a crime under the law shall bear criminal responsibility. Article 31. A unit responsible for a criminal act shall be fined. The person in charge and other personnel who are directly responsible shall also bear criminal responsibility. Where there are other stipulations in the Special Provisions of this Law or other laws, those stipulations shall apply. Chapter III Punishments Section 1. Types of Punishments 3/49

4 Article 32. Punishments are divided into principal punishments and supplementary punishments. Article 33. The types of principal punishments are: (1) control; (2) Criminal detention; (3) fixed term imprisonment; (4) life imprisonment; and (5) The death penalty. Article 34. The types of supplementary punishments are: (1) Fines; (2) Deprivation of political rights; and (3) Confiscation of property. Supplementary punishments may also be applied independently. Article 35. Deportation may be applied in an independent or supplementary manner to a foreigner who commits a crime. Article 36. Where the victim has suffered economic loss as a result of a criminal act, the criminal element, in addition to receiving criminal sanctions according to law, shall in accordance with the circumstances be sentenced to make compensation for the economic loss. Where the criminal element bears responsibility for civil compensation and is also imposed a fine, if his property is not enough to pay the compensation and fine in full or if he has also been sentenced to confiscation of property, he shall first pay civil compensation to the victim. Article 37. Where the circumstances of a person's crime are minor and do not require sentencing for punishment, an exemption from criminal sanctions may be granted him, but he may, according to the different circumstances of each case, be reprimanded or ordered to make a statement of repentance or formal apology or make compensation for losses, or be subjected to administrative sanctions by the competent department. Section 2. Control Article 38. The term of control is not less than three months and not more than two years. The judgment of control for a criminal element is executed by a public security organ. Article 39. A criminal element who is sentenced to control must abide by the following rules during the term in which his control is being carried out: (1) abide by laws and administrative regulations, submit himself to supervision; (2) shall not exercise the rights to freedom of speech, of the press, of assembly, of association, of procession, and of demonstration without the approval of the organ executing the control; (3) report on his own activities pursuant to the rules of the organ executing the control; (4) abide by the rules of the organ executing the control for meeting visitors; (5) report and obtain approval from the organ executing the control for a change in residence or departure from the city or county. A criminal element who is sentenced to control shall, while engaged in labor, receive equal pay for equal work. Article 40. Upon the expiration of the term of the control, the organ executing the control shall announce the termination of control to the criminal element sentenced to control and to the masses concerned. Article 41. The term of control is counted as commencing on the date the judgment begins to be executed; where custody has been employed before the judgment begins to be executed, the term is to be shortened by two days for each day spent in custody. Section 3. Criminal Detention Article 42. The term of criminal detention is not less a month and not more than six months. Article 43. A criminal element sentenced to criminal detention is to have his sentence executed by the public security organ in the vicinity. During the period of execution, a criminal element sentenced to criminal detention may go home for one or two days each month; consideration may be given according to the circumstances to granting compensation to those who participate in labor. 4/49

5 Article 44. The term of criminal detention is counted as commencing on the date the judgment begins to be executed; where custody has been employed before the judgment, the term is to be shortened by one day for each day spent in custody. Section 4. Fixed Term Imprisonment And Life Imprisonment Article 45. Except as otherwise provided in Articles 50 and 69 of this Law, the term of fixed term imprisonment is not less than six months and not more than fifteen years. Article 46. A criminal element sentenced to fixed term imprisonment or life imprisonment is to have his sentence executed in prison or in another organ executing the sentence; anyone with the ability to labor shall take part in labor, receive education, and undergo reform. Article 47. The term of fixed term imprisonment is counted as commencing on the date the judgment begins to be executed; where custody has been employed before the judgment begins to be executed, the term is to be shortened by one day for each day spent in custody. Section 5. The Death Penalty Article 48. The death penalty is only to be applied to criminal elements who commit the most heinous crimes. In the case of a criminal element who should be sentenced to death, if immediate execution is not essential, a two year suspension of execution may be announced at the same time the sentence of death is imposed. Except for judgments made by the Supreme People's Court according to law, all sentences of death shall be submitted to the Supreme People's Court for approval. Sentences of death with suspension of execution may be decided or approved by a high people's court. Article 49. The death penalty is not to be applied to persons who have not reached the age of eighteen at the time the crime is committed or to women who are pregnant at the time of adjudication. Article 50. If a person sentenced to death with a suspension of execution dose not intentionally commit a crime during the period of suspension, he is to be given a reduction of sentence to life imprisonment upon the expiration of the two year period; if he demonstrates meritorious service, he is to be given a reduction of sentence to not less than fifteen years and not more than twenty years of fixed term imprisonment upon the expiration of the two year period; if there is verified evidence that he has intentionally committed a crime, the death penalty is be executed upon the approval of the Supreme People's Court. Article 51. The term for suspending execution of a sentence of death is counted as commencing on the date the judgment becomes final. The term of a sentence that is reduced from the death penalty with suspension of execution to fixed term imprisonment is counted as commencing on the date the suspension of execution expires. Section 6. Fines Article 52. In imposing a fine, the amount of the fine shall be determined according to the circumstances of the crime. Article 53. A fine is to be paid in a lump sum or in installments within the period specified in the judgment. Upon the expiration of the period, one who has not paid is to be compelled to pay. Where the person sentenced is unable to pay the fine in full, the people's court may collect whenever he is found in possession of executable property. If a person truly has difficulties in paying because he has suffered irresistible calamity, consideration may be given according to the circumstances to granting him a reduction or exemption. Section 7. Deprivation of Political Rights Article 54. Deprivation of political rights is deprivation of the following rights: (1) The right to elect and the right to be elected; (2) the right to freedom of speech, of the press, of assembly, of association, of procession, and of demonstration; (3) the right to hold a position in state organs; and (4) the right to hold a leading position in a state owned company, enterprise, or institution or people's organization. Article 55. The term of deprivation of political rights is not less than one year and not more than five years, except as otherwise stipulated in Article 57 of this Law. In situations where a person is sentenced to control and to deprivation of political rights as a supplementary punishment, the term of deprivation of political rights is to be the same as the term of control, and the punishments are to be executed at the same time. Article 56. A criminal element endangering state security shall be sentenced to deprivation of political rights as a supplementary punishment; a criminal element guilty of murder, rape, arson, explosion, spreading poison, or robbery who seriously undermines social order may also be sentenced to deprivation of political rights as a supplementary punishment. Where deprivation of political rights is applied independently, stipulations in the Special Provisions of this Law shall be followed. 5/49

6 Article 57. A criminal element who is sentenced to death or to life imprisonment shall be deprived of political rights for life. When the death penalty with a suspension of execution is reduced to fixed term imprisonment, or life imprisonment is reduced to fixed term imprisonment, the term of the supplementary punishment of deprivation of political rights shall be changed to not less than three years and not more than ten years. Article 58. The term of the supplementary punishment of deprivation of political rights is counted as commencing on the date that imprisonment or criminal detention ends or on the date that parole begins; the deprivation of political rights is naturally to be effective during the period in which the principal punishment is being executed. A criminal element who is deprived of political rights shall abide by laws, administrative regulations, and relevant regulations on supervision and administration promulgated by public security departments under the State Council; submit to supervision; and is forbidden from exercising rights stipulated in Article 54 of this Law. Section 8. Confiscation of Property Article 59. Confiscation of property is the confiscation of part or all of the property personally owned by the criminal element. Where all of the property personally owned by the criminal element is confiscated, living expenses shall be set aside for the criminal element himself and the dependents he supports. When a sentence of confiscation of property is imposed, property that belongs to or should belong to family members of the criminal element may not be confiscated. Article 60. Where it is necessary to use the confiscated property to repay legitimate debts incurred by the criminal element before the property was confiscated, the debts shall be paid at the request of the creditors. Chapter IV The Concrete Application Of Punishments Section 1. Sentencing Article 61. When deciding the punishment of a criminal element, the sentence shall be imposed on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society, in accordance with the relevant stipulations of this law. Article 62. Where the circumstances of a criminal element are such as to give him a heavier punishment or a lesser punishment under the stipulations of this law, he shall be sentenced to a punishment within the legally prescribed limits of punishment. Article 63. Where the circumstances of a criminal element are such as to give him a mitigated punishment under the stipulations of this law, he shall be sentenced to a punishment below the legally prescribed punishment. Although the circumstances of a criminal element do not warrant giving him a mitigated punishment under the stipulations of this law, he too may be sentenced to a punishment below the legally prescribed punishment based on the special situation of the case and with the approval of the Supreme People's Court. Article 64. All articles of property illegally obtained by the criminal element shall be recovered or he shall be ordered to make restitution or pay compensation for them. The legitimate property of the victims shall be promptly returned. Contraband and articles of the criminal's own property used for committing the crime shall be confiscated. Articles of confiscated property and fines shall be handed over to the national treasury and shall not be diverted or otherwise disposed of. Section 2. Recidivists Article 65. A criminal element who has been sentenced to a punishment of not less than fixed term imprisonment and who, within five years after his punishment has been completely executed or he has received a pardon, commits another crime for which he should be sentenced to a punishment of not less than a fixed term imprisonment is a recidivist and shall be given a heavier punishment. However, negligent commission of a crime is an exception. In situations where a criminal element is granted a parole, the period stipulated in the preceding paragraph is to be counted as commencing on the date of expiration of the parole. Article 66. Criminal elements endangering state security who, at any time after their punishment has been completely executed or they have received a pardon, commit another crime endangering state security are all to be treated as recidivists. Section 3. Voluntary Surrender and Meritorious Service Article 67. The act of voluntarily giving oneself up to the police and giving a true account of one's crime after committing it is an act of voluntary surrender. Criminal elements who voluntarily surrender may be given a lesser punishment or a mitigated punishment. Those among them whose crimes are relatively minor may be exempted from punishment. Where criminal suspects, defendants, and criminals serving sentences give a true account of their other crimes which are not known to the judicial organ, their actions are regarded as an act of voluntary surrender. 6/49

7 Article 68. Criminal elements who perform meritorious service by exposing other people's crimes that can be verified or who provide important clues leading the cracking of other cases may be given a lesser punishment or a mitigated punishment. Those who performed major meritorious service may be given a mitigated punishment or may be exempted from punishment. Those who surrender themselves voluntarily and perform major meritorious service after committing a crime shall be given a mitigated punishment or exempted from punishment. Section 4. Combined Punishment For More Than One Crime Article 69. If a person commits more than one crime before judgment has been pronounced, except where he is sentenced to death or life imprisonment, the term of sentence that it is decided to be executed, in consideration of the circumstances, shall be less than the total term for all the crimes but more than the maximum term for any of the crimes; however, the term of control cannot exceed three years, the term of criminal detention cannot exceed one year, and fixed term imprisonment cannot exceed 20 years. If among the crimes there are any for which a supplementary punishment is to be imposed, the supplementary punishment must still be executed. Article 70. If, after judgment has been pronounced but before the punishment has been completely executed, it is discovered that, before judgment was pronounced, the sentenced criminal element committed another crime for which he has not been sentenced, a judgment shall be rendered for the newly discovered crime, and the punishment to be executed for the punishments sentenced in the two, former and latter, judgments decided according to the stipulations of Article 69 of this law. The term that has already been executed shall be counted in the term decided by the new judgment. Article 71. If after judgment has been pronounced but before the punishment has been completely executed the sentenced criminal element again commits a crime, a judgment shall be rendered for the newly committed crime, and the punishment to be executed for the punishment that has not been executed for the former crime and the punishment imposed for the latter crime decided according to the stipulations of Article 69 of this law. Section 5. Suspension of Sentence Article 72. A suspension of sentence may be pronounced for a criminal element who has been sentenced to criminal detention or to fixedterm imprisonment for not more than three years, according to the circumstances of his crime and his demonstration of repentance, and where applying a suspended sentence will not in fact result in further harm to society. If a criminal element for whom a suspension of sentence has been pronounced has been sentenced to a supplementary punishment, the supplementary punishment must still be executed. Article 73. The probation period for suspension of criminal detention is to be not less than the term originally decided and not more than one year, but it may not be less than two months. The probation period for suspension of fixed term imprisonment is to be not less than the term originally decided and not more than five years, but it may not be less than one year. The probation period for suspension is to be counted as commencing on the date the judgment becomes final. Article 74. Suspension of sentence is not to be applied to recidivists. Article 75. A criminal element for whom a suspension of sentence has been pronounced shall observe the following stipulations: (1) observing the law and administrative statutes and accepting supervision; (2) reporting his activities in accordance with the stipulation of the observing organ; (3) following the observing organ's stipulation on meeting visitors; (4) reporting and applying to the observing organ for approval before leaving or moving from the city or county of residence. Article 76. A criminal element for whom a suspension of sentence has been pronounced is to be observed by the public security organ during the probation period for suspension, with his unit or the basic level organization taking coordinated action. Upon the expiration of the probation period for suspension, public pronouncement that the punishment originally decided is not to be executed shall be made, provided there are no circumstances as stipulated in Article 77 of this law. Article 77. If a criminal element for whom a suspension of sentence has been pronounced commits new crimes during the probation period for suspension or is discovered that, before judgment was pronounced, the sentenced criminal element committed another crime for which he has not been sentenced, the suspension is to be revoked and the punishment to be executed for the punishments imposed for the former and latter crimes is to be decided according to the stipulations of Article 69 of this law. If, during the probation period for suspension, a criminal element for whom a suspension of sentence has been pronounced violates relevant provisions governing the supervision and control of suspension of sentence provided for in the law, administrative statutes, or regulations of public security departments of the State Council, the suspension is to be revoked and the punishments originally imposed shall be executed. Section 6. Reduction of Sentence Article 78. A criminal element who is sentenced to control, criminal detention, fixed term imprisonment or life imprisonment may have his sentence reduced if, during the period his punishment is being executed, he earnestly observes prison regulations, accepts reform through 7/49

8 education, truly repents, or performs meritorious service. The sentence shall be reduced if any of the following meritorious services are performed: (1) preventing someone from engaging in major criminal activities; (2) informing on major criminal activities in or outside the prison that can be verified; (3) making inventions or major technological renovations; (4) risking his life to save others in day to day production activities and life; (5) performing outstanding service in combating natural disaster or preventing major accidents; (6) making other major contributions to the state or society. For those sentenced to control, criminal detention, or fixed term imprisonment, the term of the punishment actually to be executed may not, after reductions of sentence, be less than half of the term originally decided; for those sentenced to life imprisonment it may not be less than 10 years. Article 79. To receive reductions of sentence for criminal elements, the organ executing the sentence shall submit letters of sentence reduction proposal to the people's court at or above the intermediate level. The people's court shall form a collegial panel to examine the proposals and to issue sentence reduction orders for those who demonstrate true repentance and performed meritorious service. Article 80. The term of fixed term imprisonment that is reduced from life imprisonment is counted as commencing on the date of the order reducing the sentence; no sentence reduction shall be made without due legal process. Section 7. Parole Article 81. A criminal element sentenced to fixed term imprisonment of which not less than half has been executed, or a criminal element sentenced to life imprisonment of which not less than 10 years has actually been executed, may be granted parole if he earnestly observes prison regulations, undergoes reform through education, demonstrates true repentance, and will not cause further harm to society after being paroled. If special circumstances exist, with the approval of the Supreme People's Court, the above restrictions relating to the term executed need not be imposed. Criminal elements who are recidivists or who are sentenced to fixed term imprisonment of more than 10 years or to life imprisonment for murder, bombing, robbery, rape, kidnap, or other violent crimes shall not be granted parole. Article 82. The granting of parole to criminal elements shall be carried out in accordance with the procedures stipulated in Article 79 of this law; no parole shall be granted without due legal process. Article 83. The probation period for parole in the case of fixed term imprisonment is the term that has not been completed; the probation period for parole in the case of life imprisonment is 10 years. The probation period for parole is counted as commencing on the date of parole. Article 84. Criminal elements granted parole shall observe the following stipulations: (1) observing the law and administrative statutes and accepting supervision; (2) reporting his activities in accordance with the stipulation of the supervising organ; (3) observing the supervising organ's stipulation on meeting visitors; (4) reporting and applying to the observing organ for approval before leaving or moving from the city or county of residence. Article 85. During the probation period for parole, a criminal element who is granted parole is to be supervised by the public security organs, and upon completion of the parole, if there are no circumstances as stipulated in Article 86 of this law, the punishment to which he was originally sentenced is to be considered as having been completely executed, and a public pronouncement to the effect shall be made accordingly. Article 86. If, during the probation period for parole, a criminal element commits any further crime, the parole is to be revoked and the punishment is to be executed for the punishment that has not been executed for the former crime and the punishment imposed for the latter crime decided according to the stipulations of Article 71 of this law. If, during the probation period for parole, a criminal element violates relevant provisions governing the supervision and control of suspension of sentence provided for in the law, administrative statutes, or regulations of public security departments of the State Council but the violation does not constitutes a new crime, the parole shall be revoked in accordance with the legal procedures and the parolee shall be returned to prison to complete the unfinished prison term. Section 8. Limitation Article 87. Crimes are not to be prosecuted where the following periods have elapsed: 8/49

9 (1) in cases where the maximum legally prescribed punishment is fixed term imprisonment of less than five years, where five years have elapsed; (2) in cases where the maximum legally prescribed punishment is fixed term imprisonment of not less than five years and less than ten years, where ten years have elapsed. (3) in cases where the maximum fixed term imprisonment is not less than ten years, where fifteen years have elapsed. (4) in cases where the maximum legally prescribed punishment is life imprisonment or death, where twenty Years have elapsed. If it is considered that a crime must be prosecuted after twenty years, the matter must be submitted to the Supreme People's Procuratorate for approval. Article 88. No limitation on the period for prosecution is to be imposed in cases where, after the people's procuratorates, public security organs, or state security organs have filed to investigate or after the people' s courts have decided to hear the cases, the criminal element escapes from investigation or adjudication. No limitation on the period for prosecution is to be imposed in cases where, after the victims filed charges within the period for prosecution, the people' s court, people's procuratorates, or public security organs refused to file for investigation as they should. Article 89. The period for prosecution is counted as commencing on the date of the crime; if the criminal act is of a continuous or continuing nature, it is counted as commencing on the date the criminal act is completed. If any further crime is committed during the period for prosecution, the period for prosecution of the former crime is counted as commencing on the date of the latter crime. Chapter V Other Provisions Article 90. In situations where the autonomous areas inhabited by ethnic groups cannot completely apply the stipulations of this law, the people's congresses of the autonomous regions or of the provinces may formulate alternative or supplementary provisions based upon the political, economic, and cultural characteristics of the local ethnic groups and the basic principles of the stipulations of this law, and these provisions shall go into effect after they have been submitted to and approved by the National People's Congress Standing Committee. Article 91. The term "public property" in this law refers to the following property: (1) property owned by the state; (2) property owned collectively by the laboring masses; (3) public donations to be used for aiding the poor and other public services, or property of special funds. Private property that is being managed, used or transported by state organs, state owned corporations, enterprises, collective enterprises, and people's organizations is to be treated as public property. Article 92. The term "citizens' private property" in this law refers to the following property: (1) citizens' lawful income, savings, houses and other means of livelihood; (2) means of production that are under individual or family ownership according to law; (3) lawful property of independent businesses and private enterprises; (4) shares, stocks, securities and other property that are under individual ownership according to law. Article 93. The term "state personnel" in this law refers to all personnel of state organs. Personnel engaged in public service in state owned corporations, enterprises, institutions, and people's organizations; and personnel which state organs, state owned corporations, enterprises, and institutions assign to engage in public service in nonstate owned corporations, enterprises, institutions, and social organizations; as well as other working personnel engaged in public service according to the law, are to be treated as state personnel. Article 94. The term "judicial personnel" in this law refers to personnel engaged in the functions of investigating, prosecuting, adjudicating, supervising and controlling offenders. Article 95. The term "serious injury" in this law refers to any one of the following injuries: (1) injuries resulting in loss of the use of a person's limbs or disfigurement; (2) injuries resulting in loss of the use of a person's hearing, sight, or functions of any other organ; or (3) other injuries that cause grave harm to a person's physical health. Article 96. The phrase "violating state stipulations" in this law refers to violation of laws and decisions formulated by the National People's Congress or the National People's Congress Standing Committee; and administrative measures prescribed in administrative ordinance and 9/49

10 regulations formulated by the State Council; as well as decisions and decrees the State Council promulgated. Article 97. The term "ringleader" in this law refers to a criminal element who plays the role of organizing, planning or directing a criminal group or a crowd assembled to commit a crime. Article 98. The phrase "To be handled only upon complaint" in this law refers to handling a case only when the victim files a complaint. If the victim is unable to file a complaint because of coercion or intimidation, a people's procuratorate and the victim's close relatives may also file the complaint. Article 99. Such phrases as "not less than," "not more than" and "within" in this law all include the given figure. Article 100. When people join the military, or seek employment, those who received criminal punishments according to law shall factually report to the relevant units the punishments they had received and may not conceal them. Article 101. The General Provisions of this law are applicable to other laws and decrees with stipulations for criminal punishments, but other laws having special stipulations are exceptions. Part II Special Provisions Chapter I Crimes of Endangering National Security Article 102. Whoever colludes with foreign states in plotting to harm the motherland's sovereignty, territorial integrity and security is to be sentenced to life imprisonment or not less than ten years of fixed term imprisonment. Whoever commits the crimes in the preceding paragraph in collusion with institutions, organization, or individuals outside the country shall be punished according to the stipulations in the preceding paragraph. Article 103. Whoever organizes, plots, or acts to split the country or undermine national unification, the ringleader, or the one whose crime is grave, is to be sentenced to life imprisonment or not less than ten years of fixed term imprisonment; other active participants are to be sentenced to not less than three but not more than 10 years of fixed term imprisonment; and other participants are to be sentenced to not more than three years of fixed term imprisonment, criminal detention, control, or deprivation of political rights. Whoever instigates to split the country and undermine national unification is to be sentenced to not more than five years of fixed term imprisonment, criminal detention, control, or deprivation of political rights; ringleaders or those whose crimes are grave are to be sentenced to not less than five years of fixed term imprisonment. Article 104. Whoever organizes, plots, or carries out armed rebellion, or armed riots, the ringleaders, or those who crimes are grave, are to be sentenced to life imprisonment, or not less than 10 years of fixed term imprisonment; the active participants are to be sentenced from not less than three to not more than 10 years of fixed term imprisonment; and other participants are to be sentenced to not more than three years of fixed term imprisonment, criminal detention, control, or deprivation of political rights. Whoever instigates, coerces, lures, and bribes state personnel, members of the armed forces, people's police or people's militia to carry out armed rebellion or armed riot are to be heavily punished according to the stipulations in the preceding paragraph. Article 105. Whoever organizes, plots, or acts to subvert the political power of the state and overthrow the socialist system, the ringleaders or those whose crimes are grave are to be sentenced to life imprisonment, or not less than 10 years of fixed term imprisonment; active participants are to be sentenced from not less than three years to not more than 10 years of fixed term imprisonment; other participants are to be sentenced to not more than three years of fixed term imprisonment, criminal detention, control, or deprivation of political rights. Whoever instigates the subversion of the political power of the state and overthrow the socialist system through spreading rumors, slandering, or other ways are to be sentenced to not more than five years of fixed term imprisonment, criminal detention, control, or deprivation of political rights; the ringleaders and those whose crimes are grave are to be sentenced to not less than five years of fixed term imprisonment. Article 106. Whoever colludes with institutions, organizations, or individuals outside the country and commits crimes stipulated in Articles 103, 104, and 105 of this chapter are to be heavily punished according to the stipulations in the articles. Article 107. When institutions, organizations, or individuals inside or outside the country provide financial support for organizations or individuals in the country to commit the crimes stipulated in Articles 102, 103, 104, and 105, their direct persons in charge are to be sentenced to not more than five years of fixed term imprisonment, criminal detention, control, or deprivation of political rights; and if the case is serious, they shall be sentenced to not less than five years of fixed term imprisonment. Article 108. Whoever defects to the enemy and turns traitor is to be sentenced to not less than three years and not more than ten years of fixed term imprisonment; when the circumstances are serious or when it is a case of leading a group of armed personnel, people's police, or militia to defect to the enemy and turn traitor, the sentence is to be not less than ten years of fixed term imprisonment or life imprisonment. Article 109. If a state organ personnel, during the time of performing his public functions, leave his post without authorization and defects from the country; or if the defection takes place when he is already outside the country, thereby endangering the PRC's national security, he is to be sentenced to not more than five years of fixed term imprisonment, criminal detention, control, or deprivation of political rights; when the circumstances are serious, he is to be sentenced to not less than five years and not more than 10 years of fixed term imprisonment. When a state personnel handling state secrets commits the crime in the preceding paragraph, he is to be heavily punished according to the 10/49

11 stipulations in the preceding paragraph. Article 110. Whoever commits any of the following acts of espionage and endangers national security is to be sentenced to not less than 10 years of fixed term imprisonment or life imprisonment; when the circumstances are relatively minor, the sentence is to be not less than three years and not more than ten years of fixed termed imprisonment: (1) Joining an espionage organization or accepting a mission assigned by it or its agent; or (2) Pointing out bombing or shelling targets to the enemy. Article 111. Whoever steals, secretly gathers, purchases, or illegally provides state secrets or intelligence for an organization, institution, or personnel outside the country is to be sentenced from not less than five years to not more than 10 years of fixed term imprisonment; when circumstances are particularly serious, he is to be sentenced to not less than 10 years of fixed term imprisonment, or life sentence; and when circumstances are relatively minor, he is to be sentenced to not more than five years of fixed term imprisonment, criminal detention, control, or deprivation of political rights. Article 112. Whoever supplies arms and ammunition or other military materials to an enemy during war time is to be sentence to not less than 10 years of fixed term imprisonment or life imprisonment; and when the circumstances are relatively minor, he will be sentenced a fixed term imprisonment from not less than three years to not more than 10 years. Article 113. When one commits the aforementioned crimes in this chapter that endanger national security except those stipulated in the second clause of Article 103, and Articles 105, 107 and 109 and has incurred particularly serious harms to the country and the people, and the circumstances are particularly vile, he may be sentenced to death. Whoever commits the crimes in this chapter may also be punished by having his property confiscated. Chapter II Crimes of Endangering Public Security Article 114. Whoever endangers public security by setting fires, breaching dikes, causing explosions, administering poison; or employing other dangerous means to sabotage factories, mines, oilfields, seaports, rivers, water sources, warehouses, dwellings, forests, farms, threshing grounds, ranches, important pipelines, public buildings, and other public and private property is to be sentenced to not less than three years but not more than 10 years of fixed term imprisonment in cases where serious consequences have not been caused. Article 115. Whoever sets fire, breaches dikes, causes explosions, and spreads poison; employs other dangerous means that lead to serious injuries or death; or causes public or private property major losses is to be sentenced to not less than 10 years of fixed term imprisonment, life imprisonment, or death. Whoever commits the crimes in the preceding paragraph negligently is to be sentenced to not less than three years to not more than seven years of fixed term imprisonment; or not more than three years of fixed term imprisonment, or criminal detention, when circumstances are relatively minor. Article 116. Whoever sabotages trains, motor vehicles, streetcars, ships, or airplanes in a manner sufficient to threaten the overturning or destruction of these trains, motor vehicles, streetcars, ships, or airplanes is to be sentenced to not less than three years and not more than ten years of fixed term imprisonment, in cases when serious consequences have not been caused. Article 117. Whoever sabotages railroads, bridges, tunnels, highways, airports, waterways, lighthouses or signs, or conducts other destructive activities in a manner sufficient to threaten the overturning or destruction of trains, motor vehicles, streets, ships or airplanes, is to be sentenced to not less than three years and not more than ten years of fixed term imprisonment in cases where serious consequences have not been caused. Article 118. Whoever endangers public security by sabotaging electric power, gas or other combustible or explosive equipment is to be sentenced to not less than three years and not more than ten yeas of fixed term imprisonment in cases where serious consequences have not been caused. Article 119. Whoever causes serious consequences by sabotaging means of transportation, transportation equipment, electric power or gas equipment, or combustible or explosive equipment is to be sentenced to not less than ten years of fixed term imprisonment, life imprisonment, or death. Whoever commits the crime in the preceding paragraph negligently is to be sentenced to not less than three years but not more than seven years of fixed term imprisonment; or not more than three years of fixed term imprisonment, or criminal detention if circumstances are relatively minor. Article 120. Whoever organizes, leads, and actively participates in a terrorist organization is to be sentenced to not less than three years but not more than 10 years of fixed term imprisonment; other participants are to be sentenced to not more than three years of fixed term imprisonment, criminal detention, or control. Whoever commits the crime in the preceding paragraph and also commits murder, explosion, or kidnapping is to be punished according to the regulations for punishing multiple crimes. Article 121. Whoever hijacks an airplane through violence, coercion, or other means is to be sentenced to not less than 10 years of fixedterm imprisonment or life imprisonment; or death if the hijacking causes serious injuries, death, or serious destruction of the airplane. 11/49